Alimony & Spousal Support We're In This Together

Alimony & Spousal Support in Austin

Board-Certified Family Law Guidance for Spousal Support in Austin

Texas calls it “spousal maintenance,” but most people searching for help after a divorce use the words alimony or spousal support. Whatever term you use, the stakes are real. Texas imposes some of the strictest limits on post-divorce financial support in the country, and the rules governing who qualifies, how much they can receive, and for how long are detailed and unforgiving. Applying those rules effectively requires an attorney who knows them and knows how to use them.

At Andrae Law, PLLC, we handle Austin spousal support matters through every channel available: negotiated settlement, mediation, and contested court proceedings. Our approach is built around understanding the specifics of your situation before recommending a path forward.

If you’re facing a spousal maintenance dispute or negotiating a divorce settlement in the Austin area, call us at (512) 668-7133 to schedule a consultation.

The Experience & Credentials Behind Our Practice

Lead attorney Amanda Andrae is Board Certified in Family Law by the Texas Board of Legal Specialization, a credential held by fewer than two percent of Texas attorneys. Our attorneys bring more than 40 years of combined legal experience to every case. That depth matters in spousal maintenance cases, where the difference between a litigated result and a negotiated one can mean significantly different terms for both parties.

We prioritize clear communication from the start. Clients understand what the law allows, what their realistic options are, and what our strategy is before any hearing or mediation session begins. Whether a case calls for productive negotiation or a full courtroom presentation, we’re prepared for either.

Three Types of Spousal Support in a Texas Divorce

Texas recognizes three distinct categories of spousal support, each operating under different rules and serving different purposes in a divorce proceeding.

Temporary spousal support is ordered while a divorce case is still pending, covering the period between the initial filing and the final decree.
Contractual alimony is a private agreement between spouses, negotiated as part of a settlement. It isn’t subject to the statutory caps that apply to court-ordered maintenance, giving both parties more room to negotiate terms.
Court-ordered spousal maintenance is decided by a judge under Texas Family Code Chapter 8 when spouses can’t agree or when one spouse doesn’t qualify under a negotiated arrangement.

We help clients in Austin navigate all three, whether that means drafting a contractual alimony agreement, representing a client at mediation, or litigating a maintenance claim before a Travis County District Court judge.

Serving Austin, Travis County, & Williamson County

We serve clients across Austin and throughout Travis and Williamson counties. Divorce cases filed in Travis County fall under the jurisdiction of the Travis County District Courts, and we regularly appear there on behalf of clients. Familiarity with local practice and procedure is part of what we bring to every case.

Discuss Your Situation with Our Team

Spousal maintenance eligibility, amount, and duration are all decided on a case-by-case basis under Texas law. A consultation gives us the opportunity to review your specific circumstances and walk you through what the law allows in your situation.

Call (512) 668-7133 to speak with our Austin spousal support attorneys and get the guidance your case requires.

Why Choose Andrae Law, PLLC?

Committed to Giving Back
Our firm is involved with giving back to the legal profession and the community.
Board Certified
Amanda Andrae is Board Certified in Family Law by the Texas Board of Legal Specialization.
Experienced Attorneys
Our attorneys have over 40 years of combined legal experience.

Texas Spousal Maintenance Eligibility Requirements

Court-ordered spousal maintenance isn’t automatic in Texas. Under Texas Family Code Section 8.051, the spouse seeking maintenance must first demonstrate that they lack sufficient property, including any property awarded in the divorce itself, to cover their minimum reasonable needs. That threshold must be cleared before a court will consider any other factor.

Clearing that threshold is only the first step. The requesting spouse must also satisfy at least one of four qualifying conditions:

Marriage of 10 or more years where the spouse lacks sufficient earning ability to meet their minimum reasonable needs
Incapacitating physical or mental disability affecting the spouse seeking support
Primary caregiver for a disabled child of the marriage, where the caregiving responsibilities prevent the spouse from earning sufficient income
Family violence conviction where the other spouse was convicted of or received deferred adjudication for a family violence offense within two years before the divorce was filed or while it was pending

Courts also apply a self-sufficiency requirement to maintenance claims based on marriage length or family violence grounds. A spouse seeking maintenance on those grounds must show they have made diligent efforts toward employment, job training, or education that would allow them to become financially independent. Without evidence of that effort, a maintenance request is less likely to succeed. This requirement generally doesn’t apply when the request is based on the requesting spouse’s own incapacitating disability or on caring for a disabled child of the marriage.

Maintenance Caps & Duration Limits Under Texas Law

Texas Family Code Section 8.055 caps court-ordered spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. Duration depends on how long the marriage lasted:

10 to 20 years of marriage: maintenance may be ordered for up to 5 years
20 to 30 years of marriage: maintenance may be ordered for up to 7 years
30 or more years of marriage: maintenance may be ordered for up to 10 years

When maintenance is based on a spouse’s incapacitating disability or on caregiving for a disabled child, courts may order support without a fixed end date, continuing for as long as the qualifying condition persists. In all other circumstances, Texas courts must limit maintenance to the shortest reasonable period the recipient needs to achieve self-sufficiency. These rules reflect current statutory defaults, and courts retain discretion within that framework.

Contractual Alimony vs. Court-Ordered Spousal Maintenance

Not every spousal support arrangement goes through a judge. Contractual alimony is a voluntary agreement between spouses, typically reached during mediation or as part of an uncontested divorce settlement. Because it’s governed by contract law rather than the Texas Family Code, it isn’t subject to the $5,000 monthly cap or the duration limits tied to marriage length. Spouses have significantly more flexibility to set their own terms.

That flexibility comes with a tradeoff. If a paying spouse stops making agreed payments, the recipient’s remedy is a breach-of-contract claim rather than a contempt action, which is typically the faster and more powerful tool used to enforce court orders. Understanding this distinction matters when deciding whether to pursue a negotiated agreement or seek a court-ordered result.

Modifying & Enforcing Spousal Maintenance Orders

Circumstances change after a divorce is final, and Texas law allows for modification of court-ordered spousal maintenance when they do. A modification requires proof of a substantial and material change in circumstances since the order was signed. Under Texas Family Code Section 8.057, a modified order can’t be increased beyond the amount or remaining duration of the original, meaning modifications can reduce or terminate support but can’t exceed what was originally awarded.

Enforcement options depend on the type of arrangement. Court-ordered maintenance is typically enforced through income withholding, a mechanism directing the paying spouse’s employer to send payments directly to the recipient or to a state disbursement unit. A recipient who doesn’t receive a required payment may also file a motion to enforce and request that the court find the paying spouse in contempt, or ask that overdue amounts be reduced to a money judgment. Maintenance orders terminate automatically when the receiving spouse remarries, and courts can also modify or end an order if the receiving spouse cohabitates with a romantic partner.

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"They are knowledgeable"
Amanda Andrae and J. Riggs make a great team. They are knowledgeable about the law and will ensure you are well taken care of. Do not hesitate to put your trust in them with your family law case.

Clare M.
"This firm has my highest recommendation."
Amanda Andrae is one of my preferred mediators. She WILL settle the case! J. Riggs is one of my preferred attorneys. I know when I recommend him to people that he will do a great job representing them. This firm has my highest recommendation.

Jessica B.
"Great family lawyer"
I hired Amanda Andrae to help me with a child conservator issue. I had orders in place already regarding custody and child support but I needed to change them to sole conservatorship in order to take care of everything for my daughter in the complete absence of her father. I knew that changing orders was very difficult and would be even more so without being able to locate the father to serve him. I had also had a terrible experience with the lawyer who wrote the original orders and felt very uncomfortable undergoing the process again. I researched and chose Amanda and her firm carefully and I am so glad I did. Amanda figured out exactly what needed to be done, inspired confidence and calm in me, and took me through the long process with the exact end result I needed for my daughter's safety and best interests. The new orders are perfect, thoughtfully written to reflect our situation rather than boilerplate, and have already worked wonders. With them, I was able to get my daughter a passport and give her school authority to turn away her father if he tried to come pick her up. I feel immense peace of mind knowing my daughter is safe.

Anon
"Ethical, compassionate, dedicated attorney in an extremely complicated and difficult situation."
Amanda Andrae is an ethical, compassionate, dedicated attorney who truly cares about what is important in family law, the best interest of the child. My situation was beyond complex and difficult with respect to the dyamics of all the involved parties, therapists, attorneys, witnesses, etc. Amanda did not falter in her ability to skillfully manage both the "people" side of things and the legal/ technical. She is honest and responsive, and truly went above and beyond to find ways to resolve an impossible situation. Amanda is also well respected by other attorneys, judges and therapists in Austin, which is important. In a situation where there were often no good answers, she did what she does best, which is think strategically, creatively, and always focus on what was best for my children and for me. If you want an ethical, compassionate, skilled family law attorney, I highly recommend Amanda Andrae.

Anon
"I appreciate the collaborative environment you created"
Amanda, thank you for your thoughtful approach and for helping guide the mediation process with professionalism and care. I appreciate the collaborative environment you created and the effort you put into facilitating meaningful communication throughout the day and ensuring we were able to navigate and complete this process.

Former Client
"excellent work from J.!"
excellent work from J.!

Madhu S.
"They were great with communication"
I am very pleased with Andrae Law. I got divorced and had a child custody matter I needed help with and they handled it. They were very direct with what my options were. If I was confused about something they were very good about explaining the process and what had to be done. They were great with communication, via email and phone. I've had attorneys in the past that wouldn't return my call for up to a week, I was very happy that didn't happen with this firm. I feel I definitely got my money's worth. I highly recommend Amanda Andrae & Sally Pretorius with Andrae Law.

Anon
"Excellent & Trustworthy divorce attorney"
Amanda and her team impressed me from the very get-go. If you want an attorney who is responsive, who will work as much within your budget as possible, and will keep you clearly informed throughout your legal journey - I recommend Amanda fully and without reservation. In my case, it was a relatively agreeable divorce situation with children, multiple properties and businesses involved. And as my divorce attorney, I could not have asked for better representation and sound advice. As with any divorce, I had some times of pretty high emotion and Amanda was kind, non-judgmental and very understanding to the challenges I was facing. And along the way, Amanda and I shared some great laughs which made the tough situation of divorce a bit easier. Are there things that Amanda's office could probably do better? Sure. But that's true of any attorney or any business practice. What she does best is what matters most - and that is ensuring her clients are protected, advised, and represented professionally with the highest ethical standards.

Anon

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